BILL NUMBER: AB 2155	CHAPTERED  07/10/00

	CHAPTER   111
	FILED WITH SECRETARY OF STATE   JULY 10, 2000
	APPROVED BY GOVERNOR   JULY 7, 2000
	PASSED THE ASSEMBLY   JUNE 29, 2000
	PASSED THE SENATE   JUNE 22, 2000
	AMENDED IN SENATE   JUNE 14, 2000
	AMENDED IN ASSEMBLY   MAY 2, 2000
	AMENDED IN ASSEMBLY   MARCH 30, 2000

INTRODUCED BY   Assembly Member Pescetti

                        FEBRUARY 23, 2000

   An act to amend Sections 1276 , 1277, and 1278 of the Code of
Civil  Procedure, relating to change of names.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2155, Pescetti.  Name change.
   Existing law requires an application for a name change to be made
to the superior court of the county where the person whose name is
proposed to be changed resides by petition signed by the person, or
if the person is under the age of 18, signed by one of the person's
parents, if living, or if both parents are dead, then by the guardian
of the person.
   This bill would require applications for the change of the name of
a minor submitted by a guardian appointed by the juvenile or probate
court to be made in the appointing court.  The bill would also
authorize the guardian of a person who is under the age of 18 to
petition the court for a name change regardless of whether one or
both of the person's parents are living and require the guardian to
provide notice of the petition to any living parent of the person by
personal service at least 30 days prior to the hearing.   The bill
would specify the contents of a petition submitted by a guardian, and
would specify the required findings by the court in order to grant
the petition.  It also would make related changes.   The bill would
also incorporate changes to Sections 1277 and 1278 of the Code of
Civil Procedure proposed by AB 205, contingent upon its prior
enactment and the operation of proposed versions of those sections,
as specified.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1276 of the Code of Civil Procedure is amended
to read:
   1276.  (a) All applications for change of names shall be made to
the superior court of the county where the person whose name is
proposed to be changed resides, except as specified in subdivision
(c), either (1) by petition signed by the person or, if the person is
under 18 years of age, either by one of the person's parents, or by
any guardian of the person, or if both parents are dead and there is
no guardian of the person, then by some near relative or friend of
the person or (2) as provided in Section 7638 of the Family Code.
   The petition or pleading shall specify the place of birth and
residence of the person, his or her present name, the name proposed,
and the reason for the change of name, and shall, if neither parent
of the person has signed the petition, name, as far as known to the
person proposing the name change, the parents of the person and their
place of residence, if living, or if neither parent is living, near
relatives of the person, and their place of residence.
   (b) In an action for a change of name commenced by the filing of a
petition:
   (1) If the person whose name is proposed to be changed is under 18
years of age and the petition is signed by only one parent, the
petition shall specify the  address, if known, of the other parent if
living.  If the petition is signed by a guardian, the petition shall
specify the name and address, if known, of the parent or parents, if
living, or the grandparents, if the addresses of both parents are
unknown or if both parents are deceased, of the person whose name is
proposed to be changed.
   (2) If the person whose name is proposed to be changed is 12 years
of age or over, has been relinquished to an adoption agency by his
or her parent or parents, and has not been legally adopted, the
petition shall be signed by the person and the adoption agency to
which the person was relinquished.  The near relatives of the person
and their place of residence shall not be included in the petition
unless they are known to the person whose name is proposed to be
changed.
   (c) All applications for the change of the name of a minor
submitted by a guardian appointed by the juvenile court or the
probate court shall be made in the appointing court.
   (d) If the petition is signed by a guardian, the petition shall
specify relevant information regarding the guardianship, the
likelihood that the child will remain under the guardian's care until
the child reaches the age of majority and information suggesting
that the child will not likely be returned to the custody of his or
her parents.
  SEC. 2.  Section 1277 of the Code of Civil Procedure is amended to
read:
   1277.  (a) Where an action for a change of name is commenced by
the filing of a petition, the court shall thereupon make an order
reciting the filing of the petition, the name of the person by whom
it is filed and the name proposed, and directing all persons
interested in the matter to appear before the court at a time and
place specified, which shall be not less than four or more than eight
weeks from the time of making the order, to show cause why the
application for change of name should not be granted.  A copy of the
order to show cause shall be published pursuant to Section 6064 of
the Government Code in a newspaper of general circulation to be
designated in the order published in the county.  If no newspaper of
general circulation is published in the county, a copy of the order
to show cause shall be posted by the clerk of the court in three of
the most public places in the county in which the court is located,
for a like period.  Proof shall be made to the satisfaction of the
court of this publication or posting, at the time of the hearing of
the application.
   Four weekly publications shall be sufficient publication of the
order to show cause.  If the order is published in a daily newspaper,
publication once a week for four successive weeks shall be
sufficient.
   Where a petition has been filed for a minor by a parent and the
other  parent, if living, does not join in consenting thereto, the
petitioner shall cause, not less than 30 days prior to the hearing,
to be served notice of the time and place of the hearing or a copy of
the order to show cause on the other parent pursuant to Section
413.10, 414.10, 415.10, or 415.40.
   (b) Where application for change of name is brought as part of an
action under the Uniform Parentage Act (Part 3 (commencing with
Section 7600) of Division 12 of the Family Code), whether as part of
a petition or cross-complaint or as a separate order to show cause in
a pending action thereunder, service of the application shall be
made upon all other parties to the action in a like manner as
prescribed for the service of a summons, as is set forth in Article 3
(commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2.
Upon the setting of a hearing on the issue, notice of the hearing
shall be given to all parties in the action in a like manner and
within the time limits prescribed generally for the type of hearing
(whether trial or order to show cause) at which the issue of the
change of name is to be decided.
   (c) Where a guardian files a petition to change the name of his or
her minor ward pursuant to Section 1276:
   (1) The guardian shall provide notice of the hearing to any living
parent of the minor by personal service at least 30 days prior to
the hearing.
   (2) If either or both parents are deceased or cannot be located,
the guardian shall cause, not less than 30 days prior to the hearing,
to be served a notice of the time and place of the hearing or a copy
of the order to show cause on the child's grandparents, if living,
pursuant to Section 413.10, 414.10, 415.10, or 415.40.
  SEC. 3.  Section 1277 of the Code of Civil Procedure is amended to
read:
   1277.  (a) Where an action for a change of name is commenced by
the filing of a petition, except as provided in subdivision (b), the
court shall thereupon make an order reciting the filing of the
petition, the name of the person by whom it is filed and the name
proposed, and directing all persons interested in the matter to
appear before the court at a time and place specified, which shall be
not less than four or more than eight weeks from the time of making
the order, to show cause why the application for change of name
should not be granted.  A copy of the order to show cause shall be
published pursuant to Section 6064 of the Government Code in a
newspaper of general circulation to be designated in the order
published in the county.  If no newspaper of general circulation is
published in the county, a copy of the order to show cause shall be
posted by the clerk of the court in three of the most public places
in the county in which the court is located, for a like period.
Proof shall be made to the satisfaction of the court of this
publication or posting, at the time of the hearing of the
application.
   Four weekly publications shall be sufficient publication of the
order to show  cause.  If the order is published in a daily
newspaper, publication once a week for four successive weeks shall be
sufficient.
   Where a petition has been filed for a minor by a parent and the
other parent, if living, does not join in consenting thereto, the
petitioner shall cause, not less than 30 days prior to the hearing,
to be served notice of the time and place of the hearing or a copy of
the order to show cause on the other parent pursuant to Section
413.10, 414.10, 415.10, or 415.40.
   (b) Where the petition for a change of name alleges that the
reason for the petition is to avoid domestic violence, as defined in
Section 6211 of the Family Code, and the petitioner is a participant
in the address confidentiality program created pursuant to Chapter
3.1 (commencing with Section 6205) of Division 7 of Title 1 of the
Government Code, the petition, the order of the court, and the copy
published pursuant to subdivision (a) shall, in lieu of reciting the
proposed name, indicate that the proposed name is confidential and
will be on file with the Secretary of State pursuant to the
provisions of the address confidentiality program.
   (c) Where application for change of name is brought as part of an
action under the Uniform Parentage Act (Part 3 (commencing with
Section 7600) of Division 12 of the Family Code), whether  as part of
a petition or cross-complaint or as a separate order to show cause
in a pending action thereunder, service of the application shall be
made upon all other parties to the action in a like manner as
prescribed for the service of a summons, as is set forth in Article 3
(commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2.
Upon the setting of a hearing on the issue, notice of the hearing
shall be given to all parties in the action in a like manner and
within the time limits prescribed generally for the type of hearing
(whether trial or order to show cause) at which the issue of the
change of name is to be decided.
   (d) Where a guardian files a petition to change the name of his or
her minor ward pursuant to Section 1276:
   (1) The guardian shall provide notice of the hearing to any living
parent of the minor by personal service at least 30 days prior to
the hearing.
   (2) If either or both parents are deceased or cannot be located,
the guardian shall cause, not less than 30 days prior to the hearing,
to be served a notice of the time and place of the hearing or a copy
of the order to show cause on the child's grandparents, if living,
pursuant to Section 413.10, 414.10, 415.10, or 415.40.
  SEC. 4.  Section 1277 of the Code of Civil Procedure is amended to
read:
   1277.  (a) Where an action for a change of name is commenced by
the filing of a petition, except as provided in subdivision (b), the
court shall thereupon make an order reciting the filing of the
petition, the name of the person by whom it is filed and the name
proposed, and directing all persons interested in the matter to
appear before the court at a time and place specified, which shall be
not less than four or more than eight weeks from the time of making
the order, to show cause why the application for change of name
should not be granted.  A copy of the order to show cause shall be
published pursuant to Section 6064 of the Government Code in a
newspaper of general circulation to be designated in the order
published in the county.  If no newspaper of general circulation is
published in the county, a copy of the order to show cause shall be
posted by the clerk of the court in three of the most public places
in the county in which the court is located, for a like period.
Proof shall be made to the satisfaction of the court of this
publication or posting, at the time of the hearing of the
application.
   Four weekly publications shall be sufficient publication of the
order to show cause.  If the order is published in a daily newspaper,
publication once a week for four successive weeks shall be
sufficient.
   Where a petition has been filed for a minor by a parent and the
other parent, if living, does not join in consenting thereto, the
petitioner shall cause, not less than 30 days prior to the hearing,
to be served notice of the time and place of the hearing or a copy of
the order to show cause on the other parent pursuant to Section
413.10, 414.10, 415.10, or 415.40.
   (b) Where the petition for a change of name alleges that the
reason for the petition is to avoid domestic violence, as defined in
Section 6211 of the Family Code, or stalking, as defined in Section
646.9 of the Penal Code, and the petitioner is a participant in the
address confidentiality program created pursuant to Chapter 3.1
(commencing with Section 6205) of Division 7 of Title 1 of the
Government Code, the petition, the order of the court, and the copy
published pursuant to subdivision (a) shall, in lieu of reciting the
proposed name, indicate that the proposed name is confidential and
will be on file with the Secretary of State pursuant to the
provisions of the address confidentiality program.
   (c) Where application for change of name is brought as part of an
action under the Uniform Parentage Act (Part 3 (commencing with
Section 7600) of Division 12 of the Family Code), whether as part of
a petition or cross-complaint or as a separate order to show cause in
a pending action thereunder, service of the application shall be
made upon all other parties to the action in a like manner as
prescribed for the service of a summons, as is set forth in Article 3
(commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2.
Upon the setting of a hearing on the issue, notice of the hearing
shall be given to all parties in the action in a like manner and
within the time limits prescribed generally for the type of hearing
(whether trial or order to show cause) at which the issue of the
change of name is to be decided.
   (d) Where a guardian files a petition to change the name of his or
her minor ward pursuant to Section 1276:
   (1) The guardian shall provide notice of the hearing to any living
parent of the minor by personal service at least 30 days prior to
the hearing.
   (2) If either or both parents are deceased or cannot be located,
the guardian shall cause, not less than 30 days prior to the hearing,
to be served a notice of the time and place of the hearing or a copy
of the order to show cause on the child's grandparents, if living,
pursuant to Section 413.10, 414.10, 415.10, or 415.40.
  SEC. 5.  Section 1278 of the Code of Civil Procedure is amended to
read:
   1278.  (a) Except as provided in subdivisions (b) and (c), the
application shall be heard at the time designated by the court, only
if objections are filed by any person who can, in those objections,
show to the court good reason against the change of name.  At the
hearing, the court may examine on oath any of the petitioners,
remonstrants, or other persons, touching the application, and may
make an order changing the name, or dismissing the application, as to
the court may seem right and proper.
   If no objection is filed the court may, without hearing, enter the
order that the change of name is granted.
   (b) Where the application for a change of name is brought as part
of an action under the Uniform Parentage Act (Part 3 (commencing with
Section 7600) of Division 12 of the Family Code), the hearing on the
issue of the change of name shall be conducted pursuant to statutes
and rules of court governing those proceedings, whether the hearing
is conducted upon an order to show cause or upon trial.
   (c) Where the application for a change of name is filed by a
guardian on behalf of a minor ward, the court shall first find that
the ward is likely to remain in the guardian's care until the age of
majority and that the ward is not likely to be returned to the
custody of his or her parents.  Upon making such findings, the court
shall consider the petition and may grant the petition only if it
finds that the proposed name change is in the best interest of the
child.
  SEC. 6.  Section 1278 of the Code of Civil Procedure is amended to
read:
   1278.  (a) Except as provided in subdivisions (c) and (d), the
application shall be heard at the time designated by the court, only
if objections are filed by any person who can, in those objections,
show to the court good reason against the change of name.  At the
hearing, the court may examine on oath any of the petitioners,
remonstrants, or other persons, touching the application, and may
make an order changing the name, or dismissing the application, as to
the court may seem right and proper.
   If no objection is filed the court may, without hearing, enter the
order that the change of name is granted.
   (b) Where the provisions of subdivision (b) of Section 1277 apply,
the court shall not disclose the proposed name unless the court
finds by clear and convincing evidence that the allegations of
domestic violence in the petition are false.
   (c) Where the application for a change of name is brought as part
of an action under the Uniform Parentage Act (Part 3 (commencing with
Section 7600) of Division 12 of the Family Code), the hearing on the
issue of the change of name shall be conducted pursuant to statutes
and rules of court governing those proceedings, whether the hearing
is conducted upon an order to show cause or upon trial.
   (d) Where the application for a change of name is filed by a
guardian on behalf of a minor ward, the court shall first find that
the ward is likely to remain in the guardian's care until the age of
majority and that the ward is not likely to be returned to the
custody of his or her parents.  Upon making such findings, the court
shall consider the petition and may grant the petition only if it
finds that the proposed name change is in the best interest of the
child.
  SEC. 7.  Section 1278 of the Code of Civil Procedure is amended to
read:
   1278.  (a) Except as provided in subdivisions (c) and (d), the
application shall be heard at the time designated by the court, only
if objections are filed by any person who can, in those objections,
show to the court good reason against the change of name.  At the
hearing, the court may examine on oath any of the petitioners,
remonstrants, or other persons, touching the application, and may
make an order changing the name, or dismissing the application, as to
the court may seem right and proper.
   If no objection is filed the court may, without hearing, enter the
order that the change of name is granted.
   (b) Where the provisions of subdivision (b) of Section 1277 apply,
the court shall not disclose the proposed name unless the court
finds by clear and convincing evidence that the allegations of
domestic violence or stalking in the petition are false.
   (c) Where the application for a change of name is brought as part
of an action under the Uniform Parentage Act (Part 3 (commencing with
Section 7600) of Division 12 of the Family Code), the hearing on the
issue of the change of name shall be conducted pursuant to statutes
and rules of court governing those proceedings, whether the hearing
is conducted upon an order to show cause or upon trial.
   (d) Where the application for a change of name is filed by a
guardian on behalf of a minor ward, the court shall first find that
the ward is likely to remain in the guardian's care until the age of
majority and that the ward is not likely to be returned to the
custody of his or her parents.  Upon making such findings, the court
shall consider the petition and may grant the petition only if it
finds that the proposed name change is in the best interest of the
child.
  SEC. 8.  Section 3 of this bill incorporates amendments to Section
1277 of the Code of Civil Procedure proposed by both this bill and
Section 1 of AB 205.  It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2001,
(2) each bill amends Section 1277 of the Code of Civil Procedure (3)
Section 1.5 of AB 205 does not become operative, and (4) this bill is
enacted after AB 205, in which case Sections 2 and 4 of this bill
shall not become operative.
  SEC. 9.  Section 4 of this bill incorporates amendments to Section
1277 of the Code of Civil Procedure proposed by both this bill and
Section 1.5 of AB 205.  It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2001,
(2) each bill amends Section 1277 of the Code of Civil Procedure (3)
Section 1.5 of AB 205 becomes operative, and (4) this bill is enacted
after AB 205, in which case Sections 2 and 3 of this bill shall not
become operative.
  SEC. 10.  Section 6 of this bill incorporates amendments to Section
1278 of the Code of Civil Procedure proposed by both this bill and
Section 2 of AB 205.  It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2001,
(2) each bill amends Section 1278 of the Code of Civil Procedure (3)
Section 2.5 of AB 205 does not become operative, and (4) this bill is
enacted after AB 205, in which case Sections 5 and 7 of this bill
shall not become operative.
  SEC. 11.  Section 7 of this bill incorporates amendments to Section
1278 of the Code of Civil Procedure proposed by both this bill and
Section 2.5 of AB 205.  It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2001,
(2) each bill amends Section 1278 of the Code of Civil Procedure (3)
Section 2.5 of AB 205 becomes operative, and (4) this bill is enacted
after AB 205, in which case Sections 5 and 6 of this bill shall not
become operative.
